Gautam Adani Indictment: Know How the Process Works in US Legal System

Gautam Adani has been charged with fraud in a bribery scheme by the US court on Wednesday. The US court’s move to issue an indictment order to Adani Group chairman followed by a decision of a grand jury. Following the indictment order, the court issued arrest warrants against Gautam Adani and his nephew Sagar Adani. 

Know what an indictment order is and what it means for India’s second richest man, Gautam Adani. 

Also Read: How Adani Group Made a Comeback at Stock Markets Post Hindenburg Hit

What is an indictment order? 

An indictment order is a formal accusation against an individual based on the decision of a grand jury. The grand jury is comprised of random residents and not police. The jury is told about charges against a person and the prosecutors have to convince them that there is substantial evidence to charge a person with a crime. Consequently, the jury decides whether to investigate potential criminal conduct and determine whether charges should be brought. 

The jury for issuing an indictment order differs from one in a criminal trial. To issue an indictment order, the grand jury needs a simple majority, unlike a criminal trial, which requires the jury to reach a decision unanimously. 

The grand jury only hears the prosecutors, which means they decide whether a case should proceed against a person based on the government’s side. Neither the defendant nor a judge is present, and this is the reason why an indictment is called formal, accusation and not a conviction of a crime. It is simply a legal notice describing the list of charges against an individual. 

It is issued in more serious crimes like murder, gun and drug-related offences. Since these crimes have serious consequences in terms of punishment and penalties, the indictment order signed by a grand jury acts as a constitutional safeguard before the trial process starts. The indictment order is the first formal step to start a trial in the US. 

The US President-elect Donald Trump too has been indicted by a grand jury. 

Now with an indictment order and arrest warrant against Adani, the US court will move towards the trial process.